When will the case be settled? Should I file for bankruptcy? Will I have to file a lawsuit? These are some of the frequently asked questions we receive from clients. At the Law Offices of Joe Bornstein, we want to keep our clients informed about their case and the legal process. The following are some FAQs about personal injury cases.
When will the case be settled?
We understand how frustrating it is for clients when cases are not settled quickly. We ask that clients have patience. In general, we cannot make a claim until after your doctor has given us reports about your present medical condition and their prognosis for the future. Doctors sometimes are slow to deliver these reports. If we try to settle a case prematurely, you may lose compensation related to a condition that was not revealed until after the settlement.
Generally, it takes several months to gather information related to damages and investigating who is liable for your injuries. If a trial is necessary, the process could be extended to several years. Please understand that we work hard for clients to make sure their cases are settled as quickly as possible.
How much is the case worth?
The amount of money you may recover is unknown at the beginning of a case. Each case is unique. If you have sustained serious injuries, the amount you may recover usually is related to the amount of insurance coverage available and the nature, extent and duration of your injuries.
Most states generally allow recovery of compensation for the following elements of damage:
- The nature, extent and duration of injury. This includes whether the injury is permanent and the amount of disability.
- Past and future medical expenses
- Past and future loss of wages and loss of capacity to earn a living
- Pain and suffering, including damage to your automobile and other items of personal property
- Loss of consortium
Should I file for bankruptcy?
It's important to talk to us before you file for bankruptcy. You may lose all your rights to compensation by filing for bankruptcy. A bankruptcy court can settle your case and give your recovery money to your creditors, leaving you with nothing.
Do I need to file a lawsuit?
In some cases, a lawsuit is necessary to obtain adequate recovery. Even when a lawsuit is filed, settlement is still a possible. Only a small percentage of lawsuits actually go to trial. If a lawsuit is necessary, your attorney will discuss the option and will want your input. We always will obtain your permission before filing a lawsuit and we will discuss why we think a lawsuit is necessary.
What is involved in bringing a case to trial?
Pleadings
Documents parties file in court that form the basis of a lawsuit are known as "pleadings." When you file a lawsuit against an opposing party, you file a document known as a complaint or petition. The petition outlines the facts in your case, which includes the names of the parties and alleges why the conduct of the defendant entitles the plaintiff to recover damages. As the person filing the lawsuit, you are known as the plaintiff, while the person being sued is known as the defendant.
The next step involves issuing a summons, which informs the defendant that a lawsuit has been filed. The defendant must respond within a given period of time or judgment will be taken against him or her.
The defendant's response to the summons is known as an "answer" or "motion," which is typically prepared by the defendant's attorney. The defense attorney can file a "motion to dismiss" the complaint or strike portions of the complaint if the attorney thinks there is a fatal flaw with the lawsuit.
Discovery
The plaintiff and the defendant have a right to "discover" facts concerning the opposing party's case once a lawsuit is filed. A typical discovery proceeding includes the following:
Interrogatories: The plaintiff and defendant may serve "interrogatories," or written questions, on the opposing party. You must answer these questions in writing and under oath within a prescribed period of time. The Law Offices of Joe Bornstein will help you prepare answers. Depositions: A "deposition" is a witness's out-of-court oral testimony that is reduced to writing and used in the discovery process by either side in a lawsuit. Depositions are taken under oath and used to learn as much as possible about the other side's claims or defenses. Depositions usually are held in a lawyer's office and include the parties involved in the lawsuit, their lawyers, sometimes witnesses and a court reporter who records the questions and answers.
The law requires you to give a deposition, which often is the most important part of your case. Preparation is very important. Your attorney will go over the facts in your case and assist you with any questions you have about the deposition process.
Follow these rules when giving a deposition:
- Be truthful, even if it hurts your case.
- Answer the questions, but don't volunteer statements or make speeches.
- If you don't know the answer to a question, say so. Be aware that once you state you don't know an answer, it's difficult to change your testimony at trial.
- Be polite.
- Be aware that the attorney for the other side may ask questions that appear to you to be irrelevant to the case. You must answer the questions, even if they agitate you.
- Be truthful about prior injuries or illnesses if questioned about them.
What is mediation?
In some cases, the plaintiff and defendant pursue an alternative dispute resolution known as mediation. A mediator, or impartial party (usually an experienced lawyer or retired judge), will assist the parties in negotiating a settlement. Mediation is informal and the results are not binding. Your lawyer can discuss a mediation option with you.
What if I want to file a claim against the government?
Claims against the government are subject to special rules. Governmental entitles include a city, county, local government, state or the federal government. In general, you must file a notice of claim with the appropriate government agency soon after your injury. Notify your attorney immediately if you think the government is involved in your case.
Our firm provides strong representation for Mainers injured due to negligence. Call Joe today for a consultation.
If the intentional actions or negligence of another person have caused injury to you or someone you love, or have led to damaged property, we can help you seek compensation. Call Joe today at 1-800-CALL-JOE (1-800-2255-563).
There is no fee or obligation for a confidential consultation. And if we take your case, we don't get paid until you win. You have rights; we're ready to help. Contact our offices right away.
